There are three basic requirements relating to residence. First, the alien must have entered the U.S. legally. Second, the alien must reside in the U.S. for a certain period of time. Finally, the alien must apply for naturalization in the U.S. Citizenship and Immigration Services (USCIS) office with jurisdiction over the geographical area in which he or she lives.

What Is The Requirement Of Lawful Admission To The U.S.?

If an alien's initial admission to the U.S. is unlawful, he or she is not eligible to begin accumulating the requisite period of residence necessary for naturalization benefits. An "unlawful admission" is broader than it might sound, however, encompassing within its grasp aliens who overstayed their permitted entries and aliens who were admitted as nonimmigrants for temporary stays in the U.S.

Because an alien must have been legally admitted as an immigrant to be eligible for naturalization, the following types of aliens do not meet the residence requirement: aliens holding fraudulent passports and visas, aliens who entered the U.S. falsely claiming citizenship, aliens who entered the U.S. as stowaways, aliens who entered the U.S. after having been convicted of a crime of moral turpitude, aliens against whom deportation or removal orders are proceedings are pending, and aliens admitted in any nonimmigrant visa category.

What Is The Residence Requirement?

An alien who wishes to become a naturalized U.S. citizen must meet four residence requirements: (1) he or she must have resided continuously in the U.S. for at least five years before filing a naturalization petition; (2) during at least half of this five-year period, he or she must have been physically present in the U.S.; (3) he or she must have resided continuously, for at least three months before filing a naturalization application, in the USCIS district in which the petition is filed; and (4) he or she must have resided continuously in the U.S. from the date the petition is filed until the petition is adjudicated.

What Is The Effect Of Absences On The Residence Requirement?

Generally speaking, temporary absences do not affect an alien's ability to meet the continuous residence requirement for naturalization. Immigration laws set forth both helpful general rules in determining what is temporary and specific rules for certain categories of absences.

General Rules

The general rules that govern temporary absences from the U.S. are based upon the amount of time the alien was outside the country. If an alien was outside the country for six months or less, his or her residence is not at all affected. Conversely, if an alien is absent from the country for one year or more, without advance permission, the continuous nature of his or her residence is broken. Specific requirements must be met to obtain advance approval of lengthy absences.

If an alien's absence was for more than six months but less than one year, the alien must show that his or her U.S. residence was not abandoned. Certain types of evidence may be submitted to make this showing, including documentation showing that the alien did not give up his or her job, that he or she retained full access to his or her residence, that his or her family stayed in the U.S. during the absence, and that he or she did not take a job while overseas.

Specific Rules

Special rules apply to three categories of absences: involuntary absences, absences of seamen, and absences to perform religious duties. Aliens are not penalized for involuntary absences when removed from the U.S. involuntarily. However, if the alien voluntary left the country but was detained involuntarily, preventing his or her timely return, such an absence is not considered involuntary for immigration purposes, and it will affect the alien's ability to successfully apply for naturalization benefits.

Immigration laws recognize the nature of seamen's work outside the U.S., so a special rule is prescribed for alien seamen seeking naturalization. This rule applies to aliens who serve honorably on board U.S. government vessels other than armed forces vessels and those who serve honorably on vessels with U.S. home ports. Such aliens can count, toward their five-year required U.S. residence, time served on governmental vessels and vessels with U.S. home ports.

Aliens who are absent from the U.S. to perform religious duties are also given special treatment by U.S. immigration laws. They are exempt from the normal residence requirements if they qualify as religious functionaries, which includes clergymen, nuns, missionaries, brothers, and sisters. Instead, religious functionaries can count time spent doing their religious work abroad toward their period of residence if they fall into one of two categories: (1) clergymen for a denomination that has a bona fide organization in the U.S.; and (2) other religious functionaries working for either denominations or interdenominational missions with bona fide U.S. organizations. Additionally, functionaries must still meet a one-year residency requirement, and they must prove that they were absent from the U.S. temporarily solely to perform their religious duties. These showings must be made in a particular order specified by law.